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논문KCI 등재

응급 환자 진료에서 설명 의무와 환자 사생활 보고 의무가 상충될 때의 대처

Resolving Conflicts between Informed Consent and Patients' Privacy in Medical Emergencies

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This article provides guidelines for obtaining informed consent in medical emergencies. Obtaining consent from patients in the emergency room can prevent appropriate and timely access to their evaluation and treatment. While mentally competent adults always have the right to consent, whether or not a minor has the right to consent depends up his or her mental capacity. As such, there is room for flexibility concerning the legal age for informed consent. After a judgment is made on the patient’s capacity for consent, the urgency of the situation should be considered. If medical treated is needed immediately, it should be provided, even if the patient is a minor. When there is enough time for getting consent, a physician should try to obtain consent from a patient or legal surrogate.

Abstract

This article provides guidelines for obtaining informed consent in medical emergencies. Obtaining consent from patients in the emergency room can prevent appropriate and timely access to their evaluation and treatment. While mentally competent adults always have the right to consent, whether or not a minor has the right to consent depends up his or her mental capacity. As such, there is room for flexibility concerning the legal age for informed consent. After a judgment is made on the patient’s capacity for consent, the urgency of the situation should be considered. If medical treated is needed immediately, it should be provided, even if the patient is a minor. When there is enough time for getting consent, a physician should try to obtain consent from a patient or legal surrogate.

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